City Council Minutes

Thursday, December 14,2006

DECEMBER 14, 2006, 4:00 P.M.

Mayor Pro Tem Rod Orton
Council Member Larry Gardner
Council Member Bob Whatcott
Council Member Gail Bunker
Council Member Suzanne Allen
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

Mayor Daniel McArthur

MOTION: A motion was made by Council Member Bunker to appoint Council Member Rod Orton as Mayor Pro Tem.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: A vote was taken as follows:

Council Member Bunker - aye
Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous as Council Members Allen and Gardner had not yet arrived. The motion carried.

Mayor Pro Tem Orton called the meeting to order and welcomed all present. The
pledge of allegiance was led by Council Member Bunker and the invocation was offered by Council Member Whatcott. Mayor Pro Tem Orton excused Mayor McArthur who was out of town.

Council Members Allen and Gardner arrived.

City Manager Gary Esplin explained that the City adopted a TND ordinance but has not yet had a project and staff wants to make sure that everyone has a clear understanding of where the City is heading. He stated he thought the City would soon see some TND projects with the general plan amendment in Little Valley.

Community Development Director Bob Nicholson distributed a TND Design Manual and stated that the TND ordinance was adopted three months ago. A meeting will be held tomorrow with developers and engineers to review the concept. There are still issues remaining to be solved such as how to treat streets and frontages, small parks within the TND and who maintains them, open space, and neighborhood centers.

Jeff Winston commented that a TND is the way it used to be done many years ago. He then presented a power point presentation on evolving street networks, functional classifications, thoroughfare design, traditional urban context, boulevards and multi-

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way boulevards. He then distributed a handout entitled Specific Principles of New Traditional Community Design.

Mr. Nicholson commented that as he has talked with developers, roads are a hot button issue along with how to treat arterials. One of the expectations in a TND is to have pocket parks, but the City does not want to maintain half acre pocket parks. There is an expectation that a HOA will maintain these small areas, but this works against affordability. This raises the conflict that a TND does not translate directly to affordability.

Council Member Allen inquired how a multi-way boulevard would affect development costs.

Mr. Winston replied that it is more expensive, but the ability to recapture the costs is greater if people can shop and get to the stores than if they were on an uninhabited street. It is less desirable to live on a major roadway.

Council Member Whatcott commented that he did not see how building a frontage road eliminated a road in a development as the land use would be the same. He stated he did not know many families who wanted to live on a collector road. He inquired if the City would have to require the developer to build all four roads, or only the access road and interior roads.

Mr. Nicholson replied that it is the developer?s responsibility to carry the traffic generated by his development, and he may be required to do all of that. However, it would be very difficult to require a developer to put in six lanes of traffic for a one acre project. The requirements are geared to the project?s traffic generation. There are other options, such as the green court concept, and neighborhood parks. The vision of the TND is to have scattered open space and neighborhood parks. The ordinance requires 20% of the area to be in open space - that can be in parks, or a plaza square or in private lots areas, but not within the public right-of-way. Pocket parks count toward that 20%.

Jim Raines commented that a TND will require more open space than a PD if the right-of-way is not counted.

Mr. Nicholson commented that this is a policy issue to be decided by the City Council. When the ordinance was adopted Joe Alfandre did not think the 20% open space requirement was all that burdensome. The City has said that the 20% open space must be located outside of the lot area and public right-of-way.

Jim Raines commented that the actual look and feel in a TND is of green tree-lined streets, and if the open space in the right-of-way cannot be counted, the City will have pushed the TND beyond any realm of affordability, and developers will go with a PD instead which does not require as much open space.

Jeff Winston replied that he would check Mr. Raines? assumptions.

Mr. Nicholson commented that the TND ordinance mandates that 5% be devoted to a neighborhood center.

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Mayor Pro Tem Orton commented that the first TNDs will be large and he did not think open space would be a problem.

Community Development Director Bob Nicholson commented that typically the developer lays out the streets in a TND. The general plan is just a concept.

City Manager Gary Esplin explained that a typical TND needs to be done on more than 40 acres and involves apartments, townhomes, condos, small lots, large lots, even acre lots for large animals; a TND creates a whole community in one area and is a mix of uses within the plan.

Jeff Winston advised that TNDs prevent ghettoizing of certain home types with the ability to have small apartments in neighborhoods without creating a whole neighborhood of apartment buildings. A discussion needs to be held with regard to putting small apartments over garages.

Council Member Gardner commented that City staff should focus on issues causing frustration for the developers. The City must be responsive. He suggested that staff identify issues preventing people from moving forward and provide direction.

Mr. Nicholson replied that Mr. Raines does not have a TND plan on the table.

Mr. Winston explained that they started out looking at one property, then realized there were equestrian properties to be considered, so they expanded the scope of the TND area.

City Manager Gary Esplin explained that first the City must work through the planning process of the general plan, then clarify open space and road requirements. A commercial component cannot be built until there are rooftops and the City must look at the area in the long term. He commented it was critical that density not become the issue, but how the issue is presented and put together.

Council Member Allen commented she did not recall seeing large developments, such as the one by Sun River, with any multi-family dwellings.

City Manager Gary Esplin replied that if considering a TND, the City Council will establish minimum requirements such as a mix of housing.

Jeff Winston commented that the City needed design guidelines such as used in Stapleton.

City Manager Gary Esplin commented that a developer may want to wait until the general plan amendment is considered, but the TND has been created and they can move forward without the general plan amendment as long as the project is in a residential area. The general plan amendment will be scheduled in January for hearing.

Staff commented that the general plan amendment area in Little Valley encompasses 3,300 acres.

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Jeff Winston explained that the general plan amendment protects and respects the equestrian uses currently in the area. He then reviewed the proposed master plan changes.

Community Development Bob Nicholson reminded that zone changes are discretionary and in order to approve a zone change the City Council must find that it improves the area.

Council Member Bunker commented that incentives were needed to entice more developers to want to do a TND project.

City Manager Gary Esplin explained that the idea of a TND includes a trade-off - design for density. The design will leave more open space and does not cost the developer any more. There must be standards in place.

Jeff Winston commented that under a TND, density does not matter. What does matter is the form and character of the project.

Council Member Gardner commented that with regard to trails, he did not think the purpose of trails had been accomplished as they have to be useable and connecting in order to make the trail system work. The City has been requiring equestrian trails throughout the Little Valley area and has approved projects zoned for horses, yet the CC&Rs of these new developments prohibit horses.

Jim Raines suggested that Table 9 in the handout needed to be changed with regard to required densities. He suggested that any required density be removed.

Community Development Director Bob Nicholson replied that not every developer will apply for a TND and the densities would then apply to them.

Carol Sapp inquired how the City can foresee housing needs of the future.

Jeff Winston replied that a good mix of housing can accommodate a variety of land uses and if housing patterns are laid out with a 100 foot depth, over time as the market changes it can respond.

Rick Rosenberg inquired if a traffic impact study had been done to see how TNDs would impact the area.

City Manager Gary Esplin replied that the Engineering Department proposes to hire an engineering company to look at what TNDs could to do to the area.

Rick Rosenberg commented that it was important that this be done at the front end.

Council Member Bunker inquired about feathering between zones.

Jeff Winston replied that in general a TND says that uses should be the same on both
sides of a street.

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City Forester Doug Wulfenstein introduced Shade Tree Board Members.

Parks and Facilities Manager Larry Shane presented a power point presentation on the historic downtown plan and reviewed proposed elements of the ordinance. He explained that staff wants to preserve the best in nature and protect from heat islands caused by rock landscapes. The conservation guidelines require certified irrigation designers to design irrigation systems. It is also recommended that every home have one tree in the front yard, and that commercial landscape plans be stamped by a certified landscaper.

James Dotson advised that most commercial projects are coming in with well over the required 5% landscaping.

Leisure Services Director Kent Perkins commented that a diversity of tree species is needed and some teeth in the ordinance is needed to deal with these issues.

Council Member Allen inquired if violations of the landscape ordinance would be handled through ACE hearings.

City Attorney Shawn Guzman replied that this could be incorporated into the ACE program.

Leisure Services Director Kent Perkins advised that the proposed ordinance covers all entities, but owner-installed residential landscapes are not included.

Council Member Gardner inquired what was driving the implementation of the ordinance. He stated that while he thought staff meant well, there is a law of unintended consequences.

James Dotson replied that requiring a certain percentage of landscaping and accompanying impact fee affects his business and a lot of others who do landscaping.

Council Member Gardner commented that this was an example of the City Council approving something they felt was positive, but implementation has proved to be a nightmare.

City Manager Gary Esplin explained that the Water Conservancy District is willing to allow the meter size to govern if the City passes a landscape ordinance that has teeth in it. The meter size would be based on the actual area of plant watering.
The question is what does the City Council want the community to look like - a hodge podge or have some sort of standard and refinement. There has been a lot of abuse in commercial areas where a developer has gotten a C.O. and then done whatever he wanted.

Council Member Bunker inquired about residential neighborhoods.

Mr. Esplin replied that there would have to be minimum standards.

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Council Member Bunker replied that people have a right to do with their yards what they want to.

Council Member Orton replied that requiring yard standards is no different than prohibiting parking of vehicles in front yards.

City Forester Doug Wulfenstein commented that a tree costs $30, and he did not see that as an undue burden along with the requirement that landscape be installed within one year.

Carol Sapp commented that in reality the people who are misusing the ordinance are those who are re-selling for profit.

Leisure Services Director Kent Perkins commented that the Shade Tree Board recommends a concept plan of planting trees in public areas similar to what was done with the Legacy project, except on a broader scale. They asked a service club for a yearly commitment of cash for the planting program, and suggest use of service clubs and other groups to plant the trees, perhaps 2000-3000 trees in a year.

Mayor Pro Tem Orton commented he felt the downtown historic area should be done first, and commercial areas not complying with the ordinance be turned over to code enforcement for action.

City Manager Gary Esplin advised that staff would come back with the true cost of the program.

Leisure Services Director Kent Perkins advised that staff?s first priority would be the downtown historic district.

Stan Plewe, representing Dixie College, explained that Dixie College has worked hard to overcome its party school image and is opposed to the proposed location of a new liquor store on Tabernacle as it plans to expand to the east and north, to the freeway and to St. George Blvd. Studies have shown that students are more likely to drink alcohol if alcohol outlets are located within one mile of the campus.

City Attorney Shawn Guzman advised that since this item is not on the agenda, it should not be discussed.

MOTION: A motion to adjourn to an executive session to discuss litigation was made by Council Member Gardner.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Bunker - aye
Mayor Pro Tem Orton - aye

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The vote was unanimous and the motion carried.

MOTION: A motion to reconvene and adjourn was made by Council Member Gardner.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion

Gay Cragun, City Recorder